Chairman Wilkins announced that a Commission meeting would be held on November
17, 1992, 10:00 a.m., and that a brief meeting will be held at 4:00 p.m.,
October 28, 1992, in Tallahassee.

Chairman Wilkins introduced Kent Larsen, who recently joined the Commission's
staff as Director of Communications, and Barbara Hanbury, who recently joined
as a Research Assistant for the Office of Policy Analysis. Chairman Wilkins
also introduced Probation Officers Jim Dier (Kansas) and Donna Bailey (Hawaii),
both on temporary detail to the Commission.

In response to a letter from Commissioner Peterson of the Internal Revenue
Service to Congress concerning the impact of non-imprisonment sentences on tax
offenses, the Commission expressed a resolution of good faith to seriously consider,
this amendment cycle, any suggestions by the IRS to correct any problems that
may have occurred because of earlier Commission action.

Motion made by Commissioner Carnes to adopt the minutes of the August 26 and
July 1, 1992, meetings. Passed unanimously.

Working Groups

Mr. Purdy outlined the working group process. He stated that the first step
was the submission of an objective written report, focusing on how the guidelines
are working. This report would not be accompanied by amendment suggestions.
Subsequently, each group will submit options, not necessarily amendments, that
the Commission might want to consider. Mr. Martin added that for the first time,
the working groups submitted purpose statements outlining the issue(s) to be
studied and the resources/research envisioned.

Sharon Henegan outlined the questions to be researched concerning the re-examination
of the structure of the drug guideline. A question was raised as to whether
drug sentences are too high for minimal drug offenders. Commissioner Nagel stated
that since the Commission had just last year examined the potential for an amendment
to the role guideline or "caps" to address this problem, resources
might be better expended searching for solutions to the problem other than through
caps or an amendment to the "role" guideline. Ms. Henegan stated that
revising role was not the primary mission of the group. Rather, a primary mission
was to study the use of quantity as a factor that determines the offense level
and whether the reliance on quantity should be blunted in some way, and whether
other indicators exist that should be considered in determining the sentence.
A brief discussion ensued on the use of "risk factor" in determining
the sentence. Commissioner Nagel stated that in her judgment, Congress is not
so concerned about an offender's role in the offense or the amount of drugs
involved as it is about the public's fear of violence. She suggested that we
explore the viability of a guideline structure that de-emphasizes the quantity
of drugs and focuses more on indicia of risk of violence. Commissioner Gelacak
expressed his determination to not tie the guidelines in any manner to mandatory
minimum sentences. To do so, lends them credibility at a time when the Commission
should be doing everything to eliminate them.

Susan Winarsky briefed the Commission on the working group established to
examine the issues relevant to violent crime. She stated that for analysis purposes,
the areas of study were divided into the subparts of violent offenses, firearms,
and gangs. In relation to violent offenses, Ms. Winarsky stated that the group
is focusing on Chapter Two, Part A offenses, such as murder and assault. The
group wants to prepare an overview profile of these offenses by addressing the
issues of whether the present Chapter Two, Part A penalties are appropriate
and whether serious application problems exist. In relation to firearms, the
group is responding to the Attorney General's submitted concerns following the
1992 publication of the Commission's firearm amendments. In relation to gangs,
the group will attempt to determine the most significant issues that gang-related
activities pose for crimes of violence and what are the implications of and
recommendations for sentencing gang members under the guidelines. Commissioner
Maloney stated that DOJ was working on a definition of "gangs."

Win Swenson briefed the Commission on the working group established to study
the operation of the money laundering and structured transaction guidelines.
Mr. Swenson stated that the issue of primary focus relates to the use or potential
use of the money laundering and structured transaction statutes as a vehicle
for prosecution in cases where the financial transaction appears to be incidental
to a more serious underlying offense. He further stated that according to a
preliminary examination of public comment and case law, the money laundering
and structuring transaction statutes are very broad and current guidelines can
be amended to better distinguish between degrees of offense seriousness.

Susan Kuzma briefed the Commission on the White Collar Working Group. She
stated that initially the group would develop a profile of current sentencing
practices for certain economic and regulatory crimes (fraud, theft, tax, and
anti-trust). The group would then concentrate on the fraud and theft guidelines
and tax offenses.

Pamela Montgomery briefed the Commission on the Juvenile Offenders Working
Group. She stated that this group, established as a two-year project, would
address the statutory directive of 28 U.S.C. 995(a)(19), requiring the Commission
to "study the feasibility of developing guidelines for the disposition
of juvenile delinquents." Commissioner Gelacak questioned the establishment
of this group in light of the Commission's decision last year not to promulgate
guidelines for juvenile delinquents. Staff Director Newton stated that this
was in response to a request from Commissioner Nagel for data relating to these
cases. General Counsel Steer stated that the Commission might not have the authority
to promulgate guidelines for juvenile offenders, but that the Commission was
required to study the feasibility issue.

Marguerite Cephas briefed the Commission on the SRA Prison Working Group.
She stated that the group would examine the statutory obligations of the Sentencing
Reform Act of 1984 relating to penal or correctional matters that require action
or response by the Commission.

Paul Martin briefed the Commission on the Substantial Assistance Working Group.
Chairman Wilkins questioned the opposition of DOJ to the telephone surveys.
Commissioner Maloney replied that DOJ is interested in determining the problems.
DOJ, however, does not want to be unaware of sources of particular problems
on guideline implementation.

General Counsel Steer briefed the Commission on some important en banc
appellate decisions. Pam Montgomery will circulate the decisions this week.